The former mayor of Columbus who filed a lawsuit against the city’s police department was unsuccessful in getting the case moved out of Bartholomew County. However, the case brought by Kristen Brown will be heard by a special judge.
The former mayor has been battling city officials on issues related to information being made available to the public since she was replaced by current Mayor Jim Lienhoop in January of 2016. During Lienhoop’s first year in office, Brown filed 10 public-information requests, as well as a number of complaints with the Indiana Public Access Councilor about what she perceives as the city’s lack of transparency. Brown’s lawsuit centers on one of those complaints.
Brown filed the lawsuit in February, alleging that the Columbus Police Department and Chief Jon Rohde failed to document and provide her with information regarding an alleged domestic disturbance in August of 2016 involving a married couple employed by the Bartholomew County Sheriff’s Department. In CPD’s incident report provided to Brown, both parties are named and the “crime incidents” are noted to be “Vandalism/Miscellaneous” and “Domestic Disturbance.”
In her complaint, the former mayor argues that the information provided to her by city police is inadequate under the law. Brown is asking for “factual circumstances surrounding the incident” as well as descriptions of any injuries, property or weapons involved. The Indiana Public Access Councilor agreed that Brown received “insufficient detail” as it relates to the specifics of the incident. When the former mayor pressed Chief Rohde for additional information, she received a communication from the city’s attorney that the department had provided her with all of the information in their records.
Brown’s lawsuit is asking for the court to impose a $100 civil penalty against the police department, declare that the department violated the Indiana Access to Public Records Act, issue an injunction directing CPD to provide her with the information she is requesting, as well as award her money for attorney’s fees and other “just and proper relief.”
Brown also filed a motion for a change of venue in this case, requesting it be taken out of Bartholomew County. Superior Court II Judge Kathleen Coriden denied that request. She did, however, assign a special judge. Court officials say the case will be heard by Judge Richard W. Poynter, of Jackson County.
As for what happens next, Alan Whitted, attorney for the city of Columbus, filed a motion to dismiss the case. He says that he cannot discuss the matter with the media at this time due to the lawsuit. Judge Poynter has yet to rule on the city’s request.